Virtually every state regulates contractors and other construction professionals in some manner.
Those who perform construction services without proper registration or licensing, jeopardize their ability to file a construction lien. This is the case in California, for example, which was discussed in a blog post a few weeks ago.
In Georgia, O.C.G. §48-13-30 et seq. provides that non-resident contractors who work on contracts with a price greater than $10,000.00 must register with the commissioner. Failure to so register constitutes criminal activity.
In addition to its criminal implications, §48-13-37 provides that:
No contractor who fails to register with the commissioner as required by this article or who fails to comply with any provision of this article shall be entitled to maintain an action to recover payment for performance on the contract in the courts of this state.
While this does not specifically state that the unregistered nonresident contractor cannot file a construction lien, it can be safely assumed that the non-resident unregistered contractor’s lien will leave room for a bona fide challenge.
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